On equality as a constraint on equality as task of the State. The historical evolution of a principle

Authors

  • Fernando Simón Yarza

Keywords:

Right to equal protection, fundamental rights, individual rights, affirmative action, jurisprudence of values, separation of powers

Abstract

The constitutional principle of equality is one of the foundations of the modern Democratic State. In Europe, its juridical evolution still gives rise to controversy and this makes difficult a correct interpretation of its historical meaning. This article investigates the genesis and development of the principle of equality. Its purpose in doing so is two-fold: 1. On the one hand, it tries to define the main stages of the principle’s development in Europe. 2. On the other hand, it analyses the challenges derived from the contemporary tasks that the principle must perform. In particular, containing laws within the limits of reasonableness, and ensuring it perates both negatively, as a limit, and, positively, as a concrete goal of the State. These two dimensions configure a highly abstract principle of equality. 

Issue

Section

STUDIES